|
US QUALITY HOMES, LLC and FAMILY HOMES OF AMERICA, LLC VS THE BANK OF NEW YORK MELLON, etc., et al.
|
4D2019-0019
|
2019-01-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 17018027
|
Parties
| Name |
US QUALITY HOMES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Lisa Weber
|
|
| Name |
FAMILY HOMES OF AMERICA LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
OSVALDO SANTANA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
The Bank of New York Mellon Trust Company, N.A., etc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Shannon Troutman, Albertelli Law
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-01-25
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2019-01-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-01-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
The Bank of New York Mellon Trust Company, N.A., etc.
|
|
| Docket Date |
2019-01-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-01-04
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
US QUALITY HOMES, LLC
|
|
| Docket Date |
2019-01-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
US QUALITY HOMES LLC, and FAMILY HOMES OF AMERICA, LLC VS THE BANK OF NEW YORK MELLON, ETC.
|
4D2018-3017
|
2018-10-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17018027
|
Parties
| Name |
FAMILY HOMES OF AMERICA LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
US QUALITY HOMES LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Lisa Weber
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
The Bank of New York Mellon, etc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Albertelli Law, Brandon Stuart Vesely, Shannon Troutman
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-11-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF CHANGE OF RESPONSIBLE ATTORNEY
|
| On Behalf Of |
The Bank of New York Mellon, etc.
|
|
| Docket Date |
2018-10-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
The Bank of New York Mellon, etc.
|
|
| Docket Date |
2018-10-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2018-10-30
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-10-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2018-10-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
US QUALITY HOMES LLC
|
|
| Docket Date |
2018-10-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
CA:Sent to Collections
|
|
|
|
FAMILY HOMES OF AMERICA, LLC VS BANK OF AMERICA, N.A., et al.
|
4D2017-3827
|
2017-12-13
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE11030955
|
Parties
| Name |
FAMILY HOMES OF AMERICA LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Lisa Weber
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
AMERICAN EXPRESS BANK, FSB
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MOSHE SABTI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Bank of America, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
RACHEL E. FRYDMAN, ERIC JOEL BRAUNSTEIN, MARINOSCI LAW GROUP, Jana Rauf, DEBRA-ANN REESE
|
|
| Name |
Hon. Barry Stone
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-01-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-01-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee.
|
|
| Docket Date |
2017-12-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2017-12-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-12-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2017-12-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
FAMILY HOMES OF AMERICA LLC. VS THE BANK OF NEW YORK MELLON, ETC., ET AL.
|
4D2015-3363
|
2015-09-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12025475 (11)
|
Parties
| Name |
FAMILY HOMES OF AMERICA LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Juliana Gaita
|
|
| Name |
JPMORGAN CHASE BANK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TERESA FERNANDEZ INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CAPITAL ONE BANK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
The Bank of New York Mellon, etc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHAEL J. LARSON, William P. Heller, David L. Brough, Nancy M. Wallace, GREGG R DREILINGER, Mark S. Dunn
|
|
| Name |
ISLES AT WESTON HOMEOWNERS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Joel T. Lazarus
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-08-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-08-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-08-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2016-02-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
The Bank of New York Mellon, etc.
|
|
| Docket Date |
2016-01-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS to 03/02/16
|
| On Behalf Of |
The Bank of New York Mellon, etc.
|
|
| Docket Date |
2016-01-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Family Homes of America, LLC
|
|
| Docket Date |
2015-12-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's December 14, 2015 second motion for extension of time is granted, and appellant shall serve the initial brief within twenty (20) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2015-12-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Family Homes of America, LLC
|
|
| Docket Date |
2015-12-04
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2015-11-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's November 10, 2015 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2015-11-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ TWO (2) VOLUMES
|
|
| Docket Date |
2015-11-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Family Homes of America, LLC
|
|
| Docket Date |
2015-10-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
The Bank of New York Mellon, etc.
|
|
| Docket Date |
2015-09-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-09-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2015-09-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-09-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Family Homes of America, LLC
|
|
|
|
FAMILY HOMES OF AMERICA, LLC VS US BANK NATIONAL ASSN., etc. et al.
|
4D2015-2828
|
2015-07-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 13009057 11
|
Parties
| Name |
FAMILY HOMES OF AMERICA LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Juliana Gaita
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ZEPCO FENCE INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WANDA SALOMON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
US BANK NATIONAL ASSOC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brian K. Hole, ANYA MACIAS, Geoffrey E. Sherman, BENJAMIN K. WERBER, Katherine M. Joffe
|
|
| Name |
UNKNOWN SPOUSE OF G. LONDONO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COASTLINE POOL SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CLARA LONDONO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GRACE J. LONDONO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. LYNN ROSENTHAL
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-10-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the October 7, 2015 notice of voluntary dismissal, this case is dismissed; further,ORDERED that appellee's September 28, 2015 motion to strike is determined to be moot.
|
|
| Docket Date |
2015-10-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2015-10-07
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2015-09-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
US BANK NATIONAL ASSOC.
|
|
| Docket Date |
2015-09-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's September 14, 2015 motion for extension of time is granted, and appellant shall serve the initial brief within twenty (20) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2015-09-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF LIS PENDENS
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2015-09-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2015-07-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
US BANK NATIONAL ASSOC.
|
|
| Docket Date |
2015-07-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-07-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2015-07-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2015-07-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
FAMILY HOMES OF AMERICA, LLC. VS NATIONSTAR MORTGAGE, LLC, et al.
|
4D2014-3321
|
2014-09-04
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12020120
|
Parties
| Name |
FAMILY HOMES OF AMERICA LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Juliana Gaita
|
|
| Name |
CRYSTAL LAKE GOLF VILLAS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FABIO ROGER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHRISTOPHER TRIPUCKA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Bank of America, N.A.
|
| Role |
Appellee
|
| Status |
Withdrawn
|
| Representations |
MICHAEL J. LARSON, William P. Heller, KIMBERLY L. GARNO, Nancy M. Wallace
|
|
| Name |
NATIONSTAR MORTGAGE LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BAC HOME LOANS SERVICING L.P.
|
| Role |
Appellee
|
| Status |
Withdrawn
|
|
| Name |
NATALIA ROMAN LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MICHELLE TRIPUCKA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Cynthia Gelmine Imperato
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-11-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-11-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-10-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2015-03-16
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Parties
|
| Description |
ORD-Allowing Substitution of Parties ~ ORDERED that the motion for substitution of parties and change case caption filed February 12, 2015, on behalf of the appellee, is hereby granted; further, ORDERED, that the caption is hereby corrected to change the name of the appellee to Nationstar Mortgage, LLC. All future pleadings shall reflect this change.
|
|
| Docket Date |
2015-02-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2015-02-12
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Parties
|
| Description |
Motion For Substitution of Parties ~ (GRANTED 3/16/15)
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2015-02-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ TWO (2) VOLUMES
|
|
| Docket Date |
2015-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2015-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 45 DAYS TO 02/26/15
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2014-12-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-11-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk's motion filed November 20, 2014, for extension of time, is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended forty-five (45) days from the date of this order. All other time frames are hereby extended accordingly. See Florida Rule of Appellate Procedure 9.300(b).
|
|
| Docket Date |
2014-11-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA
|
|
| Docket Date |
2014-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellant's motion filed November 12, 2014, for extension of time, is hereby denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and Parties, Paragraphs 1 and 2.
|
|
| Docket Date |
2014-11-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-11-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ (DENIED)
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-11-12
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED, the appellant in the above-styled case is hereby directed to file with this Court, and show cause in writing, if any there be, on or before November 22, 2014, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this Court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2014-09-19
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Stipulation for Substitution of Counsel ~ AA Courtnie Unika Copeland 0092318
|
|
| Docket Date |
2014-09-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2014-09-09
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Kimberly L. Garno has failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-09-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-09-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2014-09-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-09-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
FAMILY HOMES OF AMERICA, LLC VS M & T BANK
|
4D2014-2382
|
2014-06-27
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12025073
|
Parties
| Name |
FAMILY HOMES OF AMERICA LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Courtnie Unika Copeland, Victoria Gonzalez, JOSHUA MARK LISZT, Juliana Gaita, VICTOR ANDRES GONZALEZ (DNU)
|
|
| Name |
M & T BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Raymond G. Hora, MCCALLA RAYMER, L L C, Kevin George Peters
|
|
| Name |
Hon. Joel T. Lazarus
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-10-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-10-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-10-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2015-09-01
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ (THIRD)
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2015-09-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO THIRD AMENDED BRIEF
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2015-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Ord-To Amend/Correct Brief ~ ORDERED that appellant's August 28, 2015 Motion for Supplementation of the Record on Appeal is granted to the extent it seeks to supplement the record with documents contained on the lower tribunal docket, Fla. R. App. P. 9.200(f), and denied as to the request for extension of time to file the third amended initial brief. This court's August 28, 2015 order stated that no extensions of time would be granted for the filing of the third amended initial brief. Appellant shall file a copy of the trial transcript and the three documents referenced in paragraph 4 of the motion as an appendix to the third amended initial brief.
|
|
| Docket Date |
2015-08-31
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF TRANSCRIPT
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2015-08-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ **GRANTED IN PART/DENIED IN PART** ** APPELLANT TO FILE SUPPLEMENT MATERIAL AS AN APPENDIX TO THE INITIAL BRIEF**
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2015-08-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF CHANGE OF ATTORNEY WITHIN THE FIRM
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2015-08-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Ord-To Amend/Correct Brief ~ **SEE 8/28/15 AMENDED ORDER** ORDERED that, upon review of appellant's second amended initial brief, the Statement of the Case and Facts contains no references to the appropriate volume and pages of the record or transcript. Fla. R. App. P. 9.210(b)(3). Appellant shall, within five (5) days from the date of this order, file a third amended initial brief only to the extent that it adds references to the appropriate volume and pages of the record or transcript in the Statement of Case and Facts. Failure to do so may result in dismissal of the appeal. No extensions of time will be granted. Appellant's counsel is reminded that all briefs filed in this court must contain references to the appropriate volume and pages of the record or transcript as required by Florida Rule of Appellate Procedure 9.210(b)(3).
|
|
| Docket Date |
2015-03-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that appellee's motion filed February 25, 2015, to accept the answer brief as timely filed, is granted and appellee's answer brief filed January 29, 2015 is deemed filed the date of the entry of this order.
|
|
| Docket Date |
2015-03-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ **BRIEF ACCEPTED AS TIMELY FILED - SEE 3/4/15 ORDER**
|
| On Behalf Of |
M & T BANK
|
|
| Docket Date |
2015-02-25
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief ~ (GRANTED 3/4/15)
|
| On Behalf Of |
M & T BANK
|
|
| Docket Date |
2014-12-31
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2014-12-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ TWO (2) VOLUMES
|
|
| Docket Date |
2014-11-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's motion filed November 20, 2014, for extension of time, is granted and appellee shall serve the answer brief within thirty (30) days from the date of the entry of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2014-11-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
M & T BANK
|
|
| Docket Date |
2014-10-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's motion filed October 20, 2014, for extension of time, is granted and appellee shall serve the answer brief within twenty (20) days from service of the index to the record on appeal. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2014-10-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
M & T BANK
|
|
| Docket Date |
2014-10-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk's motion filed October 3, 2014, for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended forty-five (45) days from the date of this order. All other time frames are hereby extended accordingly. See Florida Rule of Appellate Procedure 9.300(b).
|
|
| Docket Date |
2014-10-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA
|
|
| Docket Date |
2014-10-03
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ 2nd AMENDED
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-09-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ The appellant's amended initial brief filed September 18, 2014, is stricken as not in compliance with Florida Rules of Appellate Procedure 9.210(b), (c), and (d) in that the table of contents does not contain page references for issues presented for review. A second amended brief in compliance with the rules shall be filed within ten (10) days of the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2014-09-18
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ **STRICKEN**
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-09-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
M & T BANK
|
|
| Docket Date |
2014-09-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that the appellant's motion to reinstate case filed August 25, 2014, is hereby granted; further,ORDERED that appellant's motion for enlargement of time to file initial brief filed August 29, 2014, is hereby granted. Said brief was filed September 3, 2014.
|
|
| Docket Date |
2014-09-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-08-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-08-25
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-08-25
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed ~ ("NOTICE OF FILING")
|
|
| Docket Date |
2014-08-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ ORDERED sua sponte, the above-styled appeal is hereby dismissed for failure to comply with this court's orders dated July 1, 2014, directing appellant to pay the filing fee and to file a conformed copy of the order being appealed.
|
|
| Docket Date |
2014-08-08
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ ***REINSTATED 9/8/14***
|
|
| Docket Date |
2014-07-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-07-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2014-07-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-06-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-06-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
FAMILY HOMES OF AMERICA, LLC. VS BANK OF NEW YORK MELLON,etc., et al.
|
4D2014-1998
|
2014-05-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12026144 (11)
|
Parties
| Name |
FAMILY HOMES OF AMERICA LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Juliana Gaita
|
|
| Name |
UNKNOWN TENANTS IN POSSESSION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ELIZABETH MIRANDA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PEMBROKE FALLS HOMEOWNERS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JANE DOE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNITED SOLUTIONS GROUP INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
F/K/A PEMBROKE FALLS MASTER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DAVID MIRANDA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOHN DOE INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BANK OF NEW YORK MELLON
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David Bakalar, ELIZABETH ANNE BOWEN, Melissa Ann Giasi, EDWARD B. PRITCHARD
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PEMBROKE FALLS PHASE SIX
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Cynthia Gelmine Imperato
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-03-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-03-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-02-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2015-07-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2015-07-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's June 23, 2015 motion for extension of time is granted, and appellee shall serve the answer brief on or before July 23, 2015. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2015-06-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2015-05-29
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ (SECOND)
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2015-05-29
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before June 9, 2015, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's second amended initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2015-05-14
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2015-04-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ THREE (3) VOLUMES
|
|
| Docket Date |
2015-03-16
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ ORDERED that upon consideration of appellant's response filed March 2, 2015, appellee's motion to strike filed January 20, 2015 is granted. The amended brief of appellant filed on November 26, 2014 is stricken as not in compliance with the Florida Rule of Appellate Procedure 9.210(b); further, ORDERED that appellant's motion to supplement the record included in the response filed March 2, 2015 is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare an amended index to the record on appeal and file the amended index and the supplemented material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process; further, ORDERED that appellant shall file a second amended initial brief in compliance with the rules within twenty (20) days of the filing of the supplemental record. The time for any responsive briefing shall be tolled until service of this second amended brief.
|
|
| Docket Date |
2015-03-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (SEE 3/16/15 ORDER) TO MOTION TO STRIKE *AND* MOTION FOR SUPPLEMENTATION OF ROA AND FOR TO DEEM SECOND AMENDED BRIEF AS FILED
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2015-02-20
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to appellee¿s motion to strike the amended initial brief filed January 20, 2015.
|
|
| Docket Date |
2015-01-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ AMENDED INITIAL BRIEF (GRANTED 3/16/15)
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2014-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 01/21/15
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2014-11-26
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ **BRIEF STRICKEN - SEE 3/16/15 ORDER**
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-11-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ The appellant's initial brief filed on November 17, 2014, is stricken as not in compliance with Florida Rules of Appellate Procedure 9.210(a), (c), and (d) in that the table of contents does not show page numbers for each issue. An amended brief in compliance with the rules shall be filed within ten (10) days of the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2014-11-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-10-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk's motion filed October 3, 2014, for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended thirty (30) days from the date of this order. All other time frames are hereby extended accordingly. See Florida Rule of Appellate Procedure 9.300(b).
|
|
| Docket Date |
2014-10-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA
|
|
| Docket Date |
2014-08-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Deny Extension of Time ~ ORDERED that the appellant's (Family Homes of America) renewed motion for extension of time filed August 20, 2014, is hereby denied as moot in light of this court's order issued August 19, 2014.
|
|
| Docket Date |
2014-08-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AS MOOT RENEWED
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-08-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's renewed motion filed August 11, 2014, for extension of time is granted, and appellant shall serve the initial brief on or before November 18, 2014. In addition, if the initial brief is not served within the time provided for in this order the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2014-08-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw Filing
|
| Description |
ORD-To Withdraw Pleadings ~ ORDERED that the appellant's motion filed July 29, 2014, to withdraw the initial brief filed in error is hereby granted, and the initial brief filed on July 28, 2014, is considered withdrawn; further,ORDERED that appellant's motion filed July 29, 2014, for extension of time is hereby denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and Parties, Paragraphs 1 and 2.
|
|
| Docket Date |
2014-07-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **DENIED 9.300(a)**
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-07-29
|
| Type |
Motions Other
|
| Subtype |
Motion to Withdraw Filing
|
| Description |
Motion To Withdraw Pleadings ~ INITIAL BRIEF
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-07-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (WITHDRAWN SEE 08/08/14 ORDER)
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-06-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2014-06-16
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2014-06-05
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order Requiring Amended Certificate Service ~ ORDERED that appellant shall file, within five (5) days of the date of this order, a notice containing the physical address of every party in the certificate of service.The physical address of any attorney or party served with any pleading filed in this court must be provided along with any email address of that party used for service. See this Court¿s Notice to Attorneys and Parties, paragraph 3. The physical address of persons served shall be listed below the certificate of service.
|
|
| Docket Date |
2014-06-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE WITH 6/5/14 ORDER
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-06-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-05-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-05-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
